CHANGE IN TERRITORIAL JURISDICTION OF A CRIMINAL CASE ACCORDING TO THE PRINCIPLE OF JUDICIAL INDEPENDENCE AND ADVERSARIAL PRINCIPLE OF PARTIES

Abstract

The study considers the practice of applying Article 35, Paragraph 1, Item 2, Sub-item “c” of the Criminal Procedural Code of the Russian Federation. The Article reads on the prosecutor’s assumptions of circumstances that may cast discredit on the court. While this regulatory provision was in force, the courts delivered many judgments on behalf of the prosecutor to change the erritorial jurisdiction of a criminal case without any convincing evidence. All of which complicates the work of defense and the conditions for an accused (defendant), who is transferred to another region and faces an extended period of detention. In addition, the article considers the сonstitutional principle of considering a lawsuit in the court of its legal jurisdiction. The authors use as examples resonant and equivocal cases, which substantiate the relevance and urgency of the issue.